STATE OF NEW YORK
________________________________________________________________________
3647--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 26, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering -- recommitted to the Committee on Racing
and Wagering in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to payments by off-track betting corporations to regional
licensed harness tracks
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (E) of subparagraph 5 of paragraph b of subdivision
2 1 of section 1016 of the racing, pari-mutuel wagering and breeding law,
3 as amended by chapter 18 of the laws of 2008, is amended to read as
4 follows:
5 (E) [On] During the first one hundred twenty days in any calendar year
6 when a franchised corporation is not conducting a race meeting [and when
7 a licensed harness track is neither accepting wagers nor displaying the
8 signal from an in-state thoroughbred corporation or association or an
9 out-of-state thoroughbred track]:
10 (i) [Such] A licensed regional harness track shall receive in lieu of
11 any other payments on wagers placed at off-track betting facilities
12 outside the special betting district on races conducted by an in-state
13 thoroughbred racing corporation, two and eight-tenths percent on regular
14 and multiple bets during a regional meeting and one and nine-tenths
15 percent of such bets if there is no regional meeting and four and eight-
16 tenths percent on exotic bets on days on which there is a regional meet-
17 ing and three and four-tenths percent of such bets if there is no
18 regional meeting.
19 (ii) [Such] A licensed regional harness track shall receive [one and
20 one-half] three-quarters of one per centum on total regional handle on
21 races conducted at out-of-state or out-of-country thoroughbred tracks.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05796-03-1
A. 3647--A 2
1 (iii) In those regions in which there is more than one licensed
2 regional harness track, [if no track is accepting wagers or displaying
3 the live simulcast signal from the out-of-state track,] the total sum
4 shall be divided among the tracks in proportion to the ratio the wagers
5 placed on races conducted by each track bears to the corporation's total
6 in-region harness handle. [If one or more tracks are accepting wagers or
7 displaying the live simulcast signal, the total amount shall be divided
8 among those tracks not accepting wagers or displaying the simulcast
9 signal for an out-of-state track or in-state thoroughbred corporation or
10 association.]
11 § 2. Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
12 section 1016 of the racing, pari-mutuel wagering and breeding law, as
13 amended by chapter 18 of the laws of 2008, is amended to read as
14 follows:
15 (F) [On] During the first one hundred twenty days in any calendar year
16 when a franchised corporation is not conducting a race meeting [and when
17 a licensed harness track is neither accepting wagers nor displaying the
18 signal from an in-state thoroughbred corporation or association or an
19 out-of-state thoroughbred track]:
20 (i) [Such] A licensed regional harness track shall receive in lieu of
21 any other payments on wagers placed at off-track betting facilities
22 outside the special betting district on races conducted by an in-state
23 thoroughbred racing corporation, two and eight-tenths percent on regular
24 and multiple bets during a regional meeting and one and nine-tenths
25 percent of such bets if there is no regional meeting and four and eight-
26 tenths percent on exotic bets on days on which there is a regional meet-
27 ing and three and four-tenths percent of such bets if there is no
28 regional meeting.
29 (ii) [Such] A licensed regional harness track shall receive [one and
30 one-half] three-quarters of one per centum on total regional handle on
31 races conducted at out-of-state or out-of-country thoroughbred tracks.
32 (iii) In those regions in which there is more than one licensed
33 regional harness track, [if no track is accepting wagers or displaying
34 the live simulcast signal from the out-of-state track,] the total sum
35 shall be divided among the tracks in proportion to the ratio the wagers
36 placed on races conducted by each track bears to the corporation's total
37 in-region harness handle. [If one or more tracks are accepting wagers or
38 displaying the live simulcast signal, the total amount shall be divided
39 among those tracks not accepting wagers or displaying the simulcast
40 signal for an out-of-state track or in-state thoroughbred corporation.]
41 § 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
42 and breeding law, as amended by chapter 18 of the laws of 2008, is
43 amended to read as follows:
44 2. a. Maintenance of effort. Any off-track betting corporation which
45 engages in accepting wagers on the simulcasts of thoroughbred races from
46 out-of-state or out-of-country as permitted under subdivision one of
47 this section shall submit to the board, for its approval, a schedule of
48 payments to be made in any year or portion thereof, that such off-track
49 corporation engages in nighttime thoroughbred simulcasting. In order to
50 be approved by the board, the payment schedule shall be identical to the
51 actual payments and distributions of such payments to tracks and purses
52 made by such off-track corporation pursuant to the provisions of section
53 one thousand fifteen of this article during the year two thousand two,
54 as derived from out-of-state harness races displayed after 6:00 P.M. If
55 approved by the board, such scheduled payments shall be made from reven-
56 ues derived from any simulcasting conducted pursuant to this section and
A. 3647--A 3
1 section one thousand fifteen of this article. Notwithstanding any
2 inconsistent provision of this paragraph: (i) for purposes of calculat-
3 ing the payments to be made pursuant to this paragraph for calendar year
4 two thousand twelve, the amount otherwise payable, if any, by an off-
5 track betting corporation to a regional harness track shall be reduced
6 in proportion to the reduction, if any, in the number of racing programs
7 conducted by the regional harness track during two thousand twelve
8 compared with the number of racing programs conducted by such track
9 during the two thousand four base calendar year; and (ii) no off-track
10 betting corporation shall have any further payment obligation pursuant
11 to this paragraph with respect to calendar years commencing on or after
12 January first, two thousand thirteen.
13 b. Additional payments. During each calendar year, to the extent, and
14 at such time in the event, that aggregate statewide wagering handle
15 after 7:30 P.M. on out-of-state and out-of-country thoroughbred races
16 exceeds one hundred million dollars, each off-track betting corporation
17 conducting such simulcasting shall pay to its regional harness track or
18 tracks, an amount equal to [two percent] the following percentage of its
19 proportionate share of such excess handle: for calendar years through
20 two thousand twelve, two percent; for calendar year two thousand thir-
21 teen, one and one-half percent; for calendar year two thousand fourteen,
22 one percent; and for calendar year two thousand fifteen, one-half of one
23 percent. There shall be no further additional payment obligation pursu-
24 ant to this paragraph for calendar years commencing on or after January
25 first, two thousand fifteen. In any region where there are two or more
26 regional harness tracks, such [two percent] payment amount shall be
27 divided between or among the tracks in a proportion equal to the propor-
28 tion of handle on live harness races conducted at such tracks during the
29 preceding calendar year. Fifty percent of the sum received by each track
30 pursuant to this paragraph shall be used exclusively for increasing
31 purses, stakes and prizes at that regional harness track.
32 § 4. This act shall take effect immediately.
